CRIMINAL TRESPASS
UNLICENSED ENTRY OF STRUCTURES AND DEFIANT TRESPASSER –N.J.S.A. 2C:18-3
ILLUSTRATIVE EXAMPLE:
You and a friend are walking up and down the beach road in Sea Bright one evening when you pass a private beach club known as “The Beach Club”. It is fenced off and it is clearly marked by signs that it is private property. Your friend tells you that on the other side of the fenced in cabanas there is a swimming pool and Jacuzzi—just perfect for an evening skinny dip. It’s late at night. Nobody appears to be using the facilities. So you and your friend, knowing you are not paying members of The Beach Club, scale the fence and jump in the pool. Hours later the police arrive. Have you just committed a serious criminal offense?
Definitions
“ In this subchapter, unless a different meaning is plainly required, “structure”
means any building, room, ship, vessel, car, vehicle or airplane, and also means
any place adapted for overnight accommodation of persons, or for carrying on
business therein.”
a. “Unlicensed entry of structures. A person commits an offense if, knowing that he
is not licensed or privileged to do so, he enters or surreptitiously remains in any
research facility structure, or separately secured or occupied portion thereof. An
offense under this subsection is a crime of the fourth degree if committed in a
school or on school property. The offense is a crime of the fourth degree if it is
committed in a dwelling. An offense under this subsection is a crime of the fourth
degree if committed in a research facility. Otherwise it is a disorderly persons
offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense if,
knowing that he is not licensed or privileged to do so, he enters or remains in any
place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the
Attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a
crime of the fourth degree if, knowing that he is not licensed or privileged to do so,
he peers into a window or other opening of a dwelling or other structure adapted for
overnight accommodation for the purpose of invading the privacy of another person
and under circumstances in which a reasonable person in the dwelling or other
structure would not expect to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the actor
complied with all lawful conditions imposed on access to or remaining in
the structure; or
(3) The actor reasonably believed that the owner of the structure, or other person
empowered to license access thereto, would have licensed him to enter or
remain, or, in the case of subsection c. of this section, to peer.”
The answer to the question is YES. You have violated section a. because you “purposely” N.J.S.A. 2C:2-2(b)(1) or “knowingly” N.J.S.A. 2C:2-2(b)(2) entered into a structure (private property) on which you clearly had no permission to enter. On the facts in our fact pattern, you have committed a disorderly persons offense, punishable, if convicted, by a fine of up to one thousand dollars ($1,000.00), plus court costs of thirty three dollars($33.00), plus the imposition of possible jail time from a minimum of zero (0) days to a maximum of one hundred and eighty (180) days, plus a criminal record. N.J.S.A. 2C: 43-8 Had you entered in to a school or school structure State v. Conk, 180 N.J. Super 140, 434 A.2d 602 (App. Div. 1981), a dwelling (house, State v, Scott, 169 N.J. 94, 100, 776 A.2d 810 (2001), or research facility, it could have been a fourth degree crime (felony) punishable by monetary fines of up to $10,000, possible jail time of not less than one (1) year nor more than eighteen (18) months per count, and police record. N.J.S.A. 2C:43-3(b).
Criminal trespass is a lesser included offense of burglary. State v. Singleton, 290 N.J. Super 336, 675 A.2d 1143 (App. Div. 1996). A required element of the offense is that the defendant was directly advised against coming into the structure or that there were sufficient posted signs or fencing off of the prohibited area that defendant should have been aware that he had no permission to enter the structure. State v. Braxton, 330 N.J. Super 561, 750 A.2d 185 (App. Div. 2000).
Defiant trespass, a petty disorderly offense, is punishable by a fine of up to five hundred dollars ($500.00), plus possible jail time of up to thirty (30) days, plus a criminal record. N.J.S.A. 2C:43-8.
If you have been charged with violation of N.J.S.A. 2C:18-3, you may be facing fourth degree criminal charges. This is nothing to mess around with. You need to retain the services of a skilled and experienced attorney immediately to protect your interests.
